A290
Ord. No. 27/89
Termination of designation
ROAD TRAFFIC (AMENDMENT)
88M. (1) Notwithstanding section 88L, a designation in respect of a driving school shall, if the proprietor serves written notice of termination on the Commis- sioner of not less than 3 months, be terminated on the expiration of the period of such notice.
(2) Where a designation is terminated under this section, the Commissioner may make a refund in respect of any fee paid under section 88K of an amount not exceeding the sum obtained by dividing the amount of the fee paid by the number of complete months of the designation and multiplying the result by the number of complete months in the unexpired period of the designation.
(3) Within 28 days after a designation is terminated under this section, the driving school shall make a refund of the fee paid by a person taking a driving instruction course to that person, and the amount to be refunded shall be an amount obtained by dividing the fee paid by the total number of prescribed parts of a course and multiplying the result by the number of prescribed parts of a course which has not been given.
(4) The termination of a designation under this section shall not affect the validity of course certificates properly issued.
Ancillary powers of the Commissioner
88N. For the purposes of this Part the Commissioner—
(a) may issue, and may from time to time revise, a code of practice setting out the requirements, procedure and standards in respect of the content and duration of driving instruction courses, the facilities to be provided, the safety measures to be adopted and the equipment to be used in a driving school and any other matter he thinks fit; and
(b) may specify any form, including the form of any course certificate or other
document; and
(c) may authorize in writing responsible persons to sign course certificates.
Power to enter and inspect
the
880. (1) Any public officer authorized in writing by the Commissioner for purposes of this section, may, during the hours when a driving school is open for business, enter the driving school and on production of his authorization— (a) observe and monitor the giving of driving instruction courses;
(b) inspect the driving school and ascertain whether there has been a breach
of-
(i) the Ninth Schedule; or
(ii) the conditions specified in the designation under section 88K; and (c) inspect or test any motor vehicle or equipment used for the giving of
driving instruction courses.
(2) If it is made to appear to a magistrate by information upon oath that there
is reason to believe that there has been a breach of—
(a) the Ninth Schedule; or
(b) the conditions specified in the designation under section 88K,
the magistrate may issue a warrant authorizing any public officer to enter and search any driving school.
ROAD TRAFFIC (AMENDMENT)
Ord. No. 27/89 A291
(3) A public officer who entered a driving school in pursuance of a warrant issued under subsection (2) may inspect and make copies of any record, book or document kept or maintained in respect of the giving of driving instruction courses.
Amendment of Ninth Schedule
88P. The Governor may by order published in the Gazette amend the Ninth Schedule.
Protection of Crown and public officers
88Q. No proceedings in tort shall lie against the Crown or any public officer by reason only of the fact that a place is designated as a driving school under this Part.".
Schedule added
3.
The following is added after the Eighth Schedule-
"NINTH SCHEDULE
REQUIREMENTS APPLICABLE TO DESIGNATED DRIVING SCHOOLS
[ss. 88K, 88L, 880 & 88P]
1. Driving instructors giving driving instruction courses shall be holders of valid driving instructors' licences issued under regulation 22 of the Road Traffic (Driving Licences) Regulations (Cap. 374, sub. leg.) and a person who is not the holder of such a licence shall not give such a course.
2. Notice shall be given by the proprietor of the driving school to the Commissioner forthwith-
(a) of any change of persons employed at the driving school who are authorized to sign
course certificates under section 88N(b);
(b) of any change in the proprietorship of the driving school, or any other matter
specified by the Commissioner; and
(c) if the proprietor has committed an act of bankruptcy or has entered into liquidation or has entered into any composition with his creditors or has suffered any distress or execution to be levied upon his goods.
3.
The fee payable for designation, or renewal of designation, of a driving school shall be $21,000.".
Passed by the Hong Kong Legislative Council this 28th day of June 1989.
LAW Kam-sang, Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.